Petition DENIED.

DISTRIBUTED for Conference of January 4, 2013.

Waiver of right of respondent Federal Respondent to respond filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2012)

Party name:, Petitioner, represented by J. Todd Chapman

Federal Respondent, Respondent, represented by Donald B. Verrilli Jr.